Judge allows NAACP suit over xAI data center pollution to move forward
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◎ Multiple-sources
A federal judge denied a motion by xAI seeking to dismiss an NAACP lawsuit accusing the SpaceX-owned company of failing to obtain permits needed to operate the gas turbines powering its Colossus data center outside Memphis.
Key facts
- The courts have repeatedly rejected attempts by xAI and the DOJ to dismiss the NAACP’s Clean Air Act case, affirming our right to pursue justice for communities impacted by pollution,” Connor said
- XAI sought to have the lawsuit dismissed, claiming that the turbines are exempt from permitting requirements because they’re mobile
- The NAACP lawsuit is moving forward as public opinion seems to have turned sharply against data centers, with New York recently passing a moratorium on new data centers and other state and local
- Focusing on xAI’s claim that these kinds of citizen lawsuits are unconstitutional, Judge Brown wrote, “Because citizen suit plaintiffs sue on their own behalf, in their own name, and seek penalties
Summary
Suing on behalf of the NAACP, the Southern Environmental Law Center said the AI company had “installed and operated at least 35 combustion turbines and other sources of air pollution at the Colossus site without ever obtaining the necessary preconstruction or operating air permits.” It also accused xAI of violating the Clean Air Act. XAI sought to have the lawsuit dismissed, claiming that the turbines are exempt from permitting requirements because they’re mobile.